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sf leong
sushi_pig@hotmail.com
08/09/2009 17:09:36
Re: maternity leave or hospitalisation?

my staff delivery date on october 2009. However, she admitted into hospital on 7/9/09 due to her health problem. She will expected staying at wad hospital until deliver child.
Should we consider this as maternity or hospitalisation leave?
Moreover, her salary exceed RM2,000. Our company's offer letter did not have hospitalisation clause, only have 14 days mc clause.
Kindly advise.
Thanks and regards.
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CK
ckkong.my@gmail.com
08/09/2009 22:35:20
She is considered commencing her maternity leave earlier provided the commencement date does not exceed 30 days in advance.

"EA 37(1)(bb) Where a female employee abstains from work to commence her maternity leave on a date earlier than the period of thirty days immediately preceding her confinement, such abstention shall not be treated as maternity leave and she shall not be entitled to any maternity allowance in respect of the days during which she abstains from work in excess of the period of thirty days immediately preceding her confinement."
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CK
ckkong.my@gmail.com
08/09/2009 22:42:28
Although her salary exceeds RM2,000, she is entitled for maternity leave under Employment Act, even if there is any company policy denying her entitlement.

"EA 43.Any condition in a contract of service whereby a female employee relinquishes or is deemed to relinquish any right under this Part shall be void and of no effect and the right conferred under this Part shall be deemed to be substituted for such condition."

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sf leong
09/09/2009 09:52:54
Thank you.

However, the commencement date is exceed 30 days. So the leave cannot consider as maternity leave.

Did she entitle for hospitalisation leave?

Thanks a lot.
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priscila
priscila.lpn@gmail.com
09/09/2009 13:14:44
my pay is above 2k, but in my employment letter did not mention at all about the maternity benefit, am i still entitle for the maternity benefit such as pay leave during my maternity/confinement? and how many days?
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CK
ckkong.my@gmail.com
09/09/2009 14:31:51
To SF Leong: Refering to EA 37(1)(bb), the number of ML exceeded 30 days in advance shall be regarded as no pay leaves. But you have the following options:
1) To deduct the salary of the number of ML exceeded 30 days in advance, and assume the maternity leaves have started on the 30th day in advance prior to the expected due date.
2) To get the expected mother's consent to have started the maternity leaves from the date she was on ML, and the 2 months maternity leaves are counted from that day on.

To Priscila: Yes, you are under the coverage of maternity leaves (60 days) by EA though it is not stated on your employment letter.
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priscila
09/09/2009 14:47:05
Thanks Ck! Do i need to inform my management about this coverage in advance.
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CK
ckkong.my@gmail.com
09/09/2009 14:53:31
It is no harm to alert them of such clauses.
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